Trademarks & Taylor Swift

When a trademark application is filed, the applicant is allowed to select from one to forty-five classes for identifying its products or services. The U.S. Patent and Trademark Office charges the same amount whether you file a single application in numerous classes, or numerous applications in one class. So, many applicants file an application to cover a few different classes (such as music, fragrances and clothing), but Taylor Swift chose to file 16 separate applications!

Ms. Swift’s filings are likely a reaction to the lawsuit filed regarding her “LUCKY 13” trademark. Blue Sphere, Inc., which does business as Lucky 13, filed a trademark infringement lawsuit against Swift alleging that she harmed its business when she sold clothing bearing the phrase “Lucky 13” without obtaining Blue Sphere’s permission or a license. The case is still pending, but it is expected that the parties will reach a settlement.

Even so, Taylor Swift has learned her lesson and she is taking no chances with securing her trademark rights. By filing her trademark applications in numerous classes, she is safeguarding her right to use those marks as they apply to the same or similar goods. Of course, her comprehensive registrations do not prevent the use of similar marks being used in wholly unrelated classes. For example, using the term “Coke” for soda is impossible and it is likely difficult to register the name for any other beverages, you can probably use the term Coke for a pipe used in plumbing.

While Taylor Swift’s strategy of filing a separate application for each class may not make sense for you, it allows her to proceed with her efforts in all other classes if somebody’s mark becomes an issue in one class. Regardless, the take-home from the singer/songwriter’s efforts is that if you want to protect words, phrases or other important marks, you must take action to obtain a trademark on them.

If you need assistance with registering a trademark or help handling opposition to your trademark application, contact the legal team at The Swenson Law Firm to schedule an initial consultation.

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